BrainChild Software, Inc. ('BrainChild')
Financial Wonder Formulas
This is a
legal agreement between you, the end user, and BrainChild Software, Inc. BY USING OUR
SOFTWARE AND OUR WEBSITES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY STOP USING OUR SOFTWARE AND
OUR WEBSITES.
1. GRANT OF LICENSE. BrainChild grants to you the right to use
our Financial Wonder software programs provided or hosted from our websites, Microsoft
Excel templates, other templates, and those sent or provided to the user by any means
(the 'SOFTWARE').
2. LICENSED USER. You agree to pay BrainChild or its suppliers a license fee for each user
who will be performing calculations during the subscription period. For full access,
www.FinancialWonder.com/FWExcel.aspx requires a license number, in the form of a company
and a department number (referred to as the ‘license number’). BrainChild provides a
minimum of 2 user licenses, so that 2 people can be fully licensed. You may provide the
results of your work to as many people as you chose. However, only licensed identified
individuals can provide data feeds to www.FinancialWonder.com/FWExcel.aspx using a license
number.
IMPORTANT LICENSING NOTE
It is the subscriber’s responsibility to identify
those licensed users for their own records. Subscribers are NOT permitted to change the
identity of licensed users every few seconds, or for that matter every few days. We
understand that new employees may replace former employees, and the need for Financial
Wonder Formulas may shift within a department as projects start and complete. Under these
rules, subscriber’s may shift the identity of the licensed users, similar to the common
procedure of uninstalling commercial software and re-installing on another’s computer,
however, since our service is hosted, this common software procedure cannot be used.
But the principle of purchasing a sufficient number of licenses to allow those who will
be using the SOFTWARE are using licensed copies still prevails.
If we see consistent shifting of IP addresses, and an unlikely pattern of usage, your account will be
suspended. To avoid this, we provide deep discounts for multiple licenses. If you have
questions concerning this, please contact us. We ask that you be reasonable in your
licensing of our service. BrainChild will be the ultimate decider concerning reasonableness.
If necessary, BrainChild maintains the right to cancel any subscription that we feel is not
complying with our licensing provisions, and the remaining portion of the subscription fee
will be refunded.
CUSTOM APPLICATION LICENSING NOTE
Licensing allows subscribers to include
access to www.FinancialWonder.com/FWExcel.aspx into their custom application, which may be
hosted from one computer. Our licensing relates to end-users, not the number of computers
actually submitting requests to our website. If one computer performs requests for 100 end-users,
then licensing requires 100 licenses. By the same logic, if 2 end-users have 3 computers each,
then 2 licenses are sufficient.
3. COPYRIGHT. The SOFTWARE is owned by BrainChild Software, Inc.
and is protected by United States copyright laws and international provisions.
Therefore, you must treat the SOFTWARE like any other copyrighted material. You may not
copy our software, for other than your personal use. Only licensed users may perform
calculations using the software.
4. OTHER RESTRICTIONS. You agree
a. NOT to
rent or lease the SOFTWARE.
b. NOT to use the SOFTWARE in a computer service business,
software rental business, timesharing, interactive cable television or multiple user
arrangement.
c. NOT to make alterations or modifications to the SOFTWARE.
d. NOT to
assign or grant sublicense, leases, or other rights to this SOFTWARE to others.
e. NOT
to reverse engineer, decompile, disassemble, reverse translate, or in any manner decode
this SOFTWARE for any reason.
f. NOT to use the SOFTWARE, written materials
accompanying the software, printouts from or screen prints of the SOFTWARE, and databases
or spreadsheet files created by the SOFTWARE, in such a manner that will infringe on
copyrights or trademarks of BrainChild or other ownership by BrainChild. It is agreed
that all printouts, databases and spreadsheet files created by the SOFTWARE is covered by
copyrights of BrainChild.
You agree to use all reasonable means to prevent others
from violating these conditions.
5. LIMITATIONS OF WARRANTY AND LIABILITY: THE
FOREGOING WARRANTY IS THE ONLY WARRANTY MADE BY BRAINCHILD AND ITS SUPPLIERS. ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
IT
IS UNDERSTOOD AND AGREED THAT BRAINCHILD'S LIABILITY FOR ANY LOSSES SUFFERED BY YOU SHALL
NOT EXCEED THE RETURN OF THE AMOUNT OF THE LICENSE FEE PAID BY YOU TO BRAINCHILD
SOFTWARE. IN ADDITION, BRAINCHILD AND ITS SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER
FOR SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OF YOU OR ANY THIRD PARTY,
EVEN IF BRAINCHILD OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY
BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
IT IS
FURTHER UNDERSTOOD AND AGREED THAT BRAINCHILD AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE
FOR THE QUALITY AND PERFORMANCE OF THE SOFTWARE, WRITTEN MATERIALS ACCOMPANYING THE
SOFTWARE, AND THE DATABASE AND SPREADSHEET FILES CREATED BY THE SOFTWARE. BRAINCHILD DOES
NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE
ERROR FREE. You assume all risks with respect to the accuracy, adequacy, quality,
reliability, and performance of the software and accompanying materials.
6.
PAYMENT AND TAXES: You agree to pay BrainChild or its suppliers a license fee for each
user who will be performing calculations during the subscription period, other than the
more limited provisions provided for non-subscription users (for example,
non-subscription users can be a demonstration company account number to perform limited
calculations, and are allowed to use a free version of the website). All those using
license numbers, in the form of company and department numbers or other serial or license
type identifiers, sent to our websites, MUST be licensed and paid for.
You shall
pay all taxes (local, state, and federal), including all sales and use taxes, which may
now or hereafter be imposed upon this license, or the possession or use of this SOFTWARE,
excluding, however, all taxes on or measured by BrainChild and its suppliers
income.
7. SOFTWARE UPDATES: If BrainChild releases any updates or enhancements to
the SOFTWARE, BrainChild will not be required to post any notices to the website, or
otherwise notify any user of the changes, or past errors. Users acknowledge that changes
to the SOFTWARE will be made on a continuous basis, and are offered to you at no
charge.
The term 'updates' means all changes, modifications, fixes, and
improvements to the SOFTWARE which affect its operating performance or efficiency, but do
not alter the basic functions that it performs.
The term 'enhancements' means all
changes and additions to the SOFTWARE which render it capable of performing additional
basic functions that were not provided by the SOFTWARE originally supplied under this
Agreement.
8. TECHNICAL SUPPORT: Support will be provided through email.
BrainChild has the option to limit its support if it feels that the requests are
excessive, or not reflective of the number of licenses subscribed.
9. TERM OF THIS
AGREEMENT: This license is effective for the monthly, annual or other period purchased,
and for the number of licenses purchased. This License will terminate immediately if you
fail to comply with any term or condition herein. You agree to return all or destroy all
copies of the SOFTWARE and to return all written materials accompanying the software.
There will be no refund of any monies or other consideration paid by you.
10.
OTHER: This Agreement may not be assigned by you to any other person, firm, or
corporation without the express written approval of BrainChild, which approval will not
be unreasonably withheld.
11. ENTIRE AGREEMENT: The parties have read this
Agreement and agree to be bound by its terms, and further agree that it constitutes the
entire and exclusive agreement of the parties and supersedes all previous communications,
representations, or agreements, either oral or written, between them. No representations
or statements of any kind made by any representative of BrainChild and its suppliers
which are not stated herein shall be binding on BrainChild and its suppliers.
This
Agreement is governed by and construed in accordance with the laws of the State of New
York. All actions shall be filed in Nassau County, New York.
In the event that one or more of the provisions contained in this Agreement shall be illegal, invalid, void, unenforceable, or inoperative, such provision shall not affect any other provision and the remainder of this Agreement shall continue in full force and effect. |